He is liquidating marital assets

I think you need to get an attorney right away or if you already have one call them and they will file an injunction to keep him from selling any more assets before the divorce is final. Was there a section in your separation agreement that talked about selling assets?

All the marital assets that were accumulated during the marriage and that existed on the date of separation. The value of the retirement account on the date of separation will be the value to be divided and not the diminished value caused by him cashing it out. If he is dissipating marital assets, it sounds like you need to see an attorney as soon as possible.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Chapel Hill, NC 27514
(919) 321.0780


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My soon-to-be-ex has sold MY car (it was in his name, and had a lein on it) but he had purchased it for me 3 years ago, and cashed out his retirement after we seperated.

My question is this, he took a 30% penalty when he cashed in his retirement, am I still entitled to any of that money and if so, does the 30% penalty still apply?

Also, he has 5 other vehicles (I drive my daughter’s car), one of the vehicles (the only real reliable one), is almost identical to mine that he sold (just a different year.), It also is in his name and has a lein. Can he be forced to give me that one?

Please help, I am afraid he is going to leave me with nothing